GENERAL CONDITIONS OF EQUIPMENT LEASE
The conditions of lease here below stated, together with the Agreement above of this sheet, constitute a contract between the parties therein named which contract is hereafter referred to as “this Agreement”.
1) RENTAL PERIOD. The Rental period shall cover all time the equipment is in the possession of the customer, defined by the date delivery to the stated delivery address is confirmed. This Rental shall begin on the stated date and shall terminate on return in fully working condition to BoxedUp.
2) RENTAL CHARGES. Lessee shall pay rental for the entire Rental Period on each article of equipment named in the List of Equipment, at the rate set forth herein.
3) PAYMENT. The rent for any and every item of equipment described in the List of Equipment shall be the amount therein designated and is payable in advance. BoxedUp also reserves the right to charge the Lessee a late fee of $25 per day, per piece of rented equipment, in addition to the daily rate stated as part of the rental agreement.
4) SECURITY DEPOSIT. Any security deposit paid by Lessee to BoxedUp is paid to guarantee Lessee’s full and faithful performance of all terms, conditions and provisions of this Agreement. If Lessee shall so perform, an equal sum shall be repaid without interest to Lessee at the termination of this Agreement.
5) FEES, ASSESSMENTS, AND TAXES PAID BY LESSEE. Lessee shall pay all license fees, assessments, and sales, use, property and excise, and other taxes or hereafter imposed, and relating to Lessee’s use or possession of the equipment.
6) RISK OF LOSS. The Lessee assumes all risk of loss to the equipment from any cause, and agrees to return it to BoxedUp in the condition received from BoxedUp, with the exception of normal wear and tear. If the equipment is not returned to BoxedUp for any reason, Lessee shall pay to BoxedUp the Replacement Cost of the equipment. If no Replacement Cost is designated herein, Lessee shall pay the actual cost of replacing the equipment at the time of replacement.
7) MAINTENANCE AND OPERATION. Lessee shall see that the equipment is not subjected to careless, unusually or needlessly rough usage; and Lessee shall at Lessee’s own expense maintain the equipment and its appurtenances in good repair and operative condition, and return it in such to BoxedUp in the same condition as received, ordinary and reasonable wear and tear resulting from proper use thereof excepted.
8) CARE AND OPERATION OF EQUIPMENT. The equipment may only be used and operated in a careful and proper manner and at the location set forth herein. Its use must comply with all laws, ordinances, and regulations relating to the possession, use, or maintenance of the equipment, including registration and/or licensing requirements, if any.
9) DISCLAIMER OF WARRANTIES. BOXEDUP, BEING NEITHER THE MANUFACTURER, NOR A SUPPLIER, NOR A DEALER IN THE EQUIPMENT, MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY, ITS DESIGN, ITS CAPACITY, ITS PERFORMANCE, ITS MATERIAL, ITS WORKMANSHIP, ITS FITNESS FOR ANY PARTICULAR PURPOSE, OR THAT IT WILL MEET THE REQUIREMENTS OF ANY LAWS, RULES, SPECIFICATIONS, OR CONTRACTS WHICH PROVIDE FOR SPECIFIC APPARATUS OR SPECIAL METHODS. BOXEDUP FURTHER DISCLAIMS ANY LIABILITY WHATSOEVER FOR LOSS, DAMAGE, OR INJURY TO LESSEE OR THIRD PARTIES AS A RESULT OF ANY DEFECTS, LATENT OR OTHERWISE, IN THE EQUIPMENT. AS TO BOXEDUP, LESSEE LEASES THE EQUIPMENT “AS IS”. BOXEDUP SHALL NOT BE LIABLE IN ANY EVENT TO LESSEE FOR ANY LOSS, DELAY, OR DAMAGE OF ANY KIND OR CHARACTER RESULTING FROM DEFECTS IN, OR INEFFICIENCY OF, EQUIPMENT HEREBY LEASED OR ACCIDENTAL BREAKAGE THEREOF.
10) INDEMNITY. Lessee shall indemnify BoxedUp, and its agents and employees against, and hold BoxedUp and its agents and employees harmless from, any and all claims, actions, suits, proceedings, costs, expenses, damages, and liabilities, including attorney’s fees, arising out of, connected with, or resulting from the equipment or the Lease, including without limitation, the manufacture, selection, delivery, leasing, renting, control, possession, use, operation, maintenance or return of the equipment. Lessee shall further indemnify BoxedUp, and hold BoxedUp harmless from all loss and damage to the equipment during the rental period. Lessee recognizes and agrees that included in this indemnity clause, but not by way of limitation, is Lessee’s assumption of any and all liability for injury: disability and death of workmen and other persons caused by the operation, use, control, handling, or transportation of the equipment during the Rental Period.
11) ASSIGNMENT. The Lessee shall not assign or sublet any interest in this Rental or the equipment or permit the equipment to be used by anyone other than the Lessee or Lessee’s employees, without BoxedUp's prior written consent.
13) ENTIRE AGREEMENT AND MODIFICATION. This contract constitutes the entire agreement between the parties. No modification or amendment of this contract shall be effective unless in writing and signed by both parties. This contract replaces any and all prior agreements between the parties.
14) GOVERNING LAW. This contract shall be construed in accordance with the laws of the State of Delaware